Judge says trade groups can't appeal Microsoft ruling

IDG News Service - A federal judge has denied attempts by software and technology trade groups to intervene in the U.S. government's historic antitrust settlement with Microsoft Corp.
In an opinion released Saturday, U.S. District Court Judge Colleen Kollar-Kotelly said the groups failed to prove that the settlement deal impaired their ability to protect their interests or that it didn't adequately represent them in the case.
The decision comes after the Computer & Communications Industry Association and the Software & Information Industry Association filed a motion last month with the U.S. District Court for the District of Columbia seeking to intervene in the government's settlement with Microsoft (see story). The groups claimed that the settlement reached in November wasn't stringent enough and didn't serve the public's interest (see story). Parties not involved in the case that seek to challenge a consent judgment via appeal must first seek to intervene in the proceedings.
In their motion, the groups cited the Tunney Act, which stipulates that before entering any final antitrust judgment, courts must consider the competitive impact of the judgment as well as its effect on the public.
Although Kollar-Kotelly found that the groups failed to prove that the settlement doesn't protect their interests, she did say they could pursue their own antitrust actions against Microsoft. Members of the trade groups include Microsoft rivals such as AOL Time Warner Inc. and Sun Microsystems Inc.
Microsoft representatives weren't immediately available to comment on the decision today.

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